S.I. No. 360/2010 - District Court (Criminal Justice (Surveillance) Act 2009) (No. 2) Rules 2010.

1. I am an Officer of the Revenue Commissioners not below the rank of Principal Officer, and a Superior Officer within the meaning of

section 1

of the

Criminal Justice (Surveillance) Act 2009

, which I hereinafter refer to as “the Act”.

2. I approved the carrying out of surveillance by approval under subsection (3) of section 7 of the Act, issued at .am/pm on the ...... day of ........................... 20. *(and varied at .am/pm on the ...... day of ........................... 20.) which approval continues in force until .am/pm on the ...... day of ........................... 20.

3. I have reasonable grounds for believing that surveillance beyond the period of 72 hours is warranted.

†4. The Revenue Commissioners are carrying out an operation or investigation concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

*

section 1078

of the

Taxes Consolidation Act 1997

*

section 102

of the

Finance Act 1999

*

section 119

of the

Finance Act 2001

* section 79 (inserted by

section 62

of the

Finance Act 2005

) of the

Finance Act 2003

*

section 78

of the

Finance Act 2005

, namely

(here specify the offence in question)

*I believe that the surveillance being sought to be authorised to continue, as part of the said operation or investigation, is necessary for the purposes of obtaining information as to whether the offence has been committed. I give details of the grounds I have for so believing in this my information hereunder.

*I believe that the surveillance being sought to be authorised to continue, as part of the said operation or investigation, is necessary for the purposes of obtaining information as to the circumstances relating to the commission of the offence. I give details of the grounds for so believing in this my information hereunder.

*I believe that the surveillance being sought to be authorised to continue, as part of the said operation or investigation, is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence. I give details of the grounds I have for so believing in this my information hereunder.

†4. I believe that the surveillance being sought to be authorised to continue is necessary for the purposes of preventing the commission of revenue offences. I give details of the grounds I have for so believing in this my information hereunder.

4. I hereby apply under section 4(4) of the Act, read in conjunction with section 7(10) of the Act, for an Authorisation to continue surveillance (within the meaning of that word as provided for in section 1 of the Act). I set out the details of the surveillance for which I seek such an Authorisation and of the surveillance device within the meaning of that phrase as provided for in section 1 of the Act in my information hereunder.

5. I hereby apply under section 4(4) of the Act, read in conjunction with section 7(10) of the Act, for an Authorisation to continue surveillance (within the meaning of that word as provided for in section 1 of the Act). I set out the details of the surveillance for which I seek such an Authorisation and of the surveillance device within the meaning of that phrase as provided for in section 1 of the Act in my information hereunder.

6. I believe that the surveillance being sought to be authorised to continue is

(

a

) the least intrusive means available, having regard to the objectives and other relevant considerations,

(

b

) proportionate to its objectives, having regard to all the circumstances including its likely impact on the rights of any person, and

(

c

) of a duration that is reasonably required to achieve its objectives.

My grounds for so believing I set out in this my information hereunder.

*7. I believe that for the purposes of the Authorisation sought, it will be necessary for the Revenue Commissioners to enter, if necessary by the use of reasonable force, a place, namely, for the purposes of initiating or carrying out the surveillance to be authorised, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the said place.

7. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve surveillance which is

(

a

) the least intrusive means available, having regard to the objectives and other relevant considerations,

(

b

) proportionate to its objectives, having regard to all the circumstances including its likely impact on the rights of any person, and

(

c

) of a duration that is reasonably required to achieve its objectives.

My grounds for so believing I set out hereunder.

*8. I believe that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) be necessary for the Defence Forces to enter, if necessary by the use of reasonable force, a place, namely, for the purposes of initiating or carrying out the surveillance to be authorised, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the said place.

8. The period during which the surveillance is intended to continue to be carried out is from the .. day of .. 20. to the.. day of .. 20. (being a period not exceeding three months).

I say further and give the following information

9. Details of the surveillance being sought to be authorised to continue:—

10. Details of the surveillance device intended to be used for the surveillance being sought to be authorised to continue

†11. *My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purposes of obtaining information as to whether the offence hereinbefore referred to has been committed are:—

*My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purposes of obtaining information as to the circumstances relating to the commission of the offence hereinbefore referred to are:—

*My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence hereinbefore referred to are:—

†11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of preventing the commission of revenue offences are:—

11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of maintaining the security of the State are:—

12. My grounds for believing that the surveillance being sought to be authorised to continue is the least intrusive means available having regard to the objectives and to other relevant circumstances are:—

13. My grounds for believing that the surveillance being sought to be authorised to continue is proportionate to its objectives having regard to all the circumstances and its likely impact on the rights of any person are:—

14. My grounds for believing that the duration of the surveillance being sought to be authorised to continue is reasonably required to achieve its objectives are:—

15. A copy of the written record of approval under subsection (3) of section 7 of the Act *(as so varied), marked with the letter “A”, the contents of which I believe are true and accurate is attached.

16. A summary of the results of the surveillance carried out pursuant to that approval is as follows

17. My grounds for believing that continued surveillance is warranted are the following

18. The reasons why continued surveillance is required are the following

*19. My grounds for believing that, for the purposes of the Authorisation sought, it will be necessary for the Revenue Commissioners to enter, if necessary by the use of reasonable force, a place, namely, for the purposes of initiating or carrying out the surveillance to be authorised, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the said place, are as follows

AND I hereby apply under section 4(4) and section 7(10) of the Act for an Authorisation under section 5 of the Act continuing the surveillance proposed for the period of. from the issue of the said Authorisation to the .. day of .. 20. (being a period not exceeding three months)

*AND I apply that an Authorisation granted under section 5 of the Act should authorise *me as the Superior Officer so authorised/*an officer of the Revenue Commissioners designated by me as the Superior Officer so authorised, accompanied by any other person whom *I consider/*said officer considers necessary, to enter, if necessary by the use of reasonable force, the said place for the purposes of initiating or carrying out the authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the said place.

Signed: .......................................................

Informant

Sworn before me this .......... day of .......................... 20.....

Signed: .......................................................

Judge of the District Court

*

Delete any words or paragraphs which are inapplicable, including any options which do not apply to the case

†

One of the alternatives for this paragraph must be included.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These rules substitute Forms 34A.1 to 34A.15 in Schedule B of the District Court Rules 1997 S.I. (No. 93 of 1997).

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd July

, 2010.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice and Law Reform, make the following rules of court.

Dated this 12th day of July 2010.

Brian Sheridan

Shalom Binchy

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 20th day of July 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

S.I. No. 360 of 2010

DISTRICT COURT (CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009) (No. 2) RULES 2010